Case C-518/22, AP Assistenzprofis: Judgment of the Court (Second Chamber) of 7 December 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — J.M.P v AP Assistenzprofis GmbH (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(5) — Prohibition of discrimination on grounds of age — United Nations Convention on the Rights of Persons with Disabilities — Article 19 — Living independently and being included in the community — Charter of Fundamental Rights of the European Union — Article 26 — Social and occupational integration of persons with disabilities — Personal assistance service for persons with disabilities — Job offer stating a minimum age and maximum age of the person to be hired — Account taken of the wishes and interests of the disabled person — Justification)
Date: 2023-12-07
Institutions: Court of Justice
Subjects: age discrimination, care of people with disabilities, equal treatment, job vacancy








C_202400923EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/923


29.1.2024





Judgment of the Court (Second Chamber) of 7 December 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — J.M.P v AP Assistenzprofis GmbH
(Case C-518/22, (1) AP Assistenzprofis)
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Article 2(5) - Prohibition of discrimination on grounds of age - United Nations Convention on the Rights of Persons with Disabilities - Article 19 - Living independently and being included in the community - Charter of Fundamental Rights of the European Union - Article 26 - Social and occupational integration of persons with disabilities - Personal assistance service for persons with disabilities - Job offer stating a minimum age and maximum age of the person to be hired - Account taken of the wishes and interests of the disabled person - Justification)
(C/2024/923)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant and appellant in the appeal on a point of law: J.M.P

Defendant and respondent in the appeal on a point of law: AP Assistenzprofis GmbH

Operative part of the judgment

Article 2(5) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in the light of Article 26 of the Charter of Fundamental Rights of the European Union and Article 19 of the United Nations Convention on the Rights of Persons with Disabilities, which was approved on behalf of the European Union by Council Decision 2010/48/EC of 26 November 2009,
must be interpreted as not precluding the recruitment of a person providing personal assistance from being subject to an age requirement pursuant to national legislation under which account is to be taken of the individual wishes of persons who are entitled to personal assistance services as a result of their disability, if such a measure is necessary for the protection of the rights and freedoms of others.


(1)  
            OJ C 424, 7.11.2022.


ELI: http://data.europa.eu/eli/C/2024/923/oj
ISSN 1977-091X (electronic edition)